Ford v. Dyer
Mississippi Supreme Court
In error from the circuit court of De Soto county; Hon. Hugh R. Miller, judge. The defendant in error sued out from the circuit court of De Soto county a writ of replevin against Ford, for two bales of cotton, which he (Ford) had attached at the suit of Laban and Johnson, as the property of Mrs. Bullard. To the declaration Ford plead three special pleas.
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In error from the circuit court of De Soto county; Hon. Hugh R. Miller, judge. The defendant in error sued out from the circuit court of De Soto county a writ of replevin against Ford, for two bales of cotton, which he (Ford) had attached at the suit of Laban and Johnson, as the property of Mrs. Bullard. To the declaration Ford plead three special pleas. The first, in substance, says, that Ford levied an attachment upon said cotton, as a deputy-sheriff, and that his principal, and not he, was bound for the act. The second plea states, that the levy was made by him, as deputy, and was the act…
1Opinion of the CourtJustice FisheR
This was an action of replevin in the circuit court of De Soto county, to recover two bales of cotton, alleged to have been wrongfully taken by the defendant below from the plaintiff.
The evidence introduced on the trial fully sustains the verdict of the jury, finding for the plaintiff below.
The defendant undertook to justify his taking of the cotton, by virtue of a levy of an attachment thereon, against the estate of one Mary Bullard. This defence would certainly have availed him, if- he had succeeded in showing that the cotton was her property. This was the main point in controversy on the…
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